Chapter DHS 90

DHS 90.03(34) (34) “Service provider” means a public or private agency which by contract or agreement with a county administrative agency provides early intervention services under s. 51.44, Stats., and this chapter.

DHS 90.03(35) (35) “Surrogate parent” means a person who has been appointed in accordance with s. DHS 90.13 to act as a child’s parent in all matters relating to s. 51.44, Stats., and this chapter.

DHS 90.03 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; emerg. am. (1), (2), (6), (10), (16), (19), (28) and (33), cr. (2g), (8) (b), (24g) and (28g), renum. (8) (b) to (d) to be (8) (c) to (e), r. and recr. (25), eff. 1-1-93; am. (1), (2), (6), (10), (16), (19), (28) and (33), cr. (2m), (24m) and (28m), renum. (8) (c) and (d) to be (8) (d) and (c) and am., r. and recr. (25), Register, June, 1993, No. 450, eff. 7-1-93; am. (15), Register, April, 1997, No. 496, eff. 5-1-97; am. (28), Register, September, 1999, No. 525, eff. 10-1-99; corrections in (11) and (33) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635.

DHS 90.04 DHS 90.04 Eligibility. A child shall be eligible for early intervention services under this chapter if the child is either:

DHS 90.04(1) (1) Determined by the EI team under s. DHS 90.08 to be developmentally delayed; or

DHS 90.04(2) (2) Determined by the EI team under s. DHS 90.08 to have a physician-diagnosed and documented physical or mental condition which has a high probability of resulting in a developmental delay.

DHS 90.04 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92.

DHS 90.05 DHS 90.05 Department responsibilities.

DHS 90.05(1) (1) General. The department is responsible for developing and supporting a statewide comprehensive system of services for children with disabilities in the age group birth to 3 and their families, and for supervising and monitoring local birth to 3 programs to ensure that they comply with 20 USC 1471-1485, 34 CFR Pt. 303, s. 51.44, Stats., and this chapter.

DHS 90.05(2) (2) Development and support. In developing and supporting the statewide system, the department shall:

DHS 90.05(2)(a) (a) Provide technical assistance to county administrative agencies on operation of a local birth to 3 program;

DHS 90.05(2)(b) (b) Enter into an interagency agreement with the Wisconsin department of public instruction related to operation of the birth to 3 program, including operation of child find and facilitating the transition at age 3 of a child with a disability from the birth to 3 program to the program for children with exceptional educational needs under ch. 115, Stats., and ch. PI 11, and such other state-level interagency and intra-agency agreements as are necessary to facilitate and coordinate the operation of birth to 3 programs. The interagency and intra-agency agreements shall cover assignment of financial responsibility and the resolution of disputes;

DHS 90.05(2)(c) (c) Undertake public awareness and other child find activities that focus on identification, location or evaluation of children who are eligible to receive early intervention services. The department shall endeavor to make the public aware of the rationale for early intervention services, the availability of those services, how to make referrals and how a family might obtain the services, through various means such as public service announcements and the distribution of brochures and other printed materials. Before undertaking any statewide child find activity that focuses on the identification, location or evaluation of children, the department shall ensure that adequate notice is published in newspapers or other media with circulation adequate to notify parents throughout the state of the activity;

DHS 90.05(2)(d) (d) Operate or arrange for operation of a central directory of services to provide information on request by mail or telephone about public and private early intervention resources, research and demonstration projects in the state and various professional and other groups providing assistance to children in the birth to 3 age group and their families; and

DHS 90.05(2)(e) (e) Develop a comprehensive system of personnel development, including a plan for the provision of both preservice and inservice training, conducted as appropriate on an interdisciplinary basis, for the many different kinds of personnel needed to provide early intervention services, including personnel from public and private providers, primary referral sources, paraprofessionals and service coordinators. The training shall be directed specifically at:

DHS 90.05(2)(e)1. 1. Understanding the basic components of early intervention services available in the state;

DHS 90.05(2)(e)2. 2. Meeting the interrelated social, emotional, health, developmental and educational needs of eligible children; and

DHS 90.05(2)(e)3. 3. Assisting parents of eligible children in furthering the development of their children and in participating fully in the development and implementation of the IFSP.

DHS 90.05(3) (3) Supervision and monitoring. In supervising and monitoring local birth to 3 programs, the department shall:

DHS 90.05(3)(a) (a) Collect from county administrative agencies information on use of funds, system development, number of children needing and receiving early intervention services, types of services needed, types of services provided and such other information the department requires to describe and assess the operation of local programs;

DHS 90.05(3)(b) (b) Have ready access to county administrative agency files and staff, and the files and staff of service providers under contract or agreement with the county administrative agency;

DHS 90.05(3)(c) (c) Make an independent on-site investigation if the department determines it is necessary;

DHS 90.05(3)(d) (d) Ensure that deficiencies identified through monitoring are corrected by means that may include technical assistance, negotiations, corrective action plans and the threat or imposition of sanctions as allowed by law to achieve compliance including withholding of funds under s. 46.031 (2r), Stats.; and

DHS 90.05(3)(e) (e) Resolve disputes between local agencies that cannot be resolved locally. One or both parties may ask the department, in writing, to resolve a dispute or, if the department determines that a dispute between local agencies adversely affects or threatens to adversely affect the delivery of services to families, the department may, on its own initiative, act to resolve the dispute.

DHS 90.05(4) (4) Procedures for receiving and resolving complaints about operation of the program.

DHS 90.05(4)(a) (a)

DHS 90.05(4)(a)1. 1. Any individual or organization having reason to believe that one or more requirements of this chapter or Part C and its implementing regulations, 34 CFR Pt. 303, are not being met by the department or a county administrative agency or by any other public agency or private provider involved in the early intervention system under agreement with the county administrative agency may complain to the department. The complaint shall be in writing and be signed and shall consist of a statement setting forth the complaint and the facts upon which the complaint is based. The department shall develop procedures to inform parents and other interested individuals and organizations about their right to file a complaint and how to file a complaint.

DHS 90.05(4)(a)2. 2. Complaints under subd. 1. shall not concern events that occurred more than one year before the complaint is made, except if the complainant could not have reasonably known about the event any earlier.

DHS 90.05 Note Note: Processes for resolution of disputes between parents and county administrative agencies are described in s. DHS 90.12 (5) and (6).

DHS 90.05(4)(b) (b) The department in response to a complaint filed under par. (a) shall appoint a complaint investigator who shall do the following:

DHS 90.05(4)(b)1. 1. Find out the facts related to the complaint;

DHS 90.05(4)(b)2. 2. Interview the complainant or the complainant’s representative as part of fact-finding if that seems useful;

DHS 90.05(4)(b)3. 3. Conduct an independent on-site investigation at the county administrative agency or of a service provider if the department considers that necessary;

DHS 90.05(4)(b)4. 4. Consider the merits of the complaint; and

DHS 90.05(4)(b)5. 5. Recommend resolution of the complaint.

DHS 90.05(4)(c) (c)

DHS 90.05(4)(c)1. 1. Except as provided under subd. 2., within 60 days after receiving a complaint under this subsection the department shall prepare a written decision stating the reasons for the decision and forward the decision to the affected agency or agencies with a copy to the complainant.

DHS 90.05(4)(c)2. 2. The department may extend the time limit for resolving a complaint by an additional 60 days if it determines that exceptional circumstances exist with respect to a particular complaint.

DHS 90.05 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; emerg. am. (2) (c) and (4) (a), renum. (2) (e) 1. and 2. and (3) (c) to be (2) (e) 2. and 3. and (3) (d) and am. (3) (d), cr. (2) (e) 1. and (3) (c), eff. 1-1-93; am. (2) (c), (3) (b) and (4) (a), renum. (2) (e) 1. and 2. and (3) (c) to be (2) (e) 2. and 3. and (3) (d) and am. (3) (d), cr. (2) (e) 1., (3) (c) and (e), Register, June, 1993, No. 450, eff. 7-1-93; am. (4) (a), Register, April, 1997, No. 496, eff. 5-1-97; am. (4) (a), Register, September, 1999, No. 525, eff. 10-1-99; CR 03-033: am. (4) (a) and (c) 1. Register December 2003 No. 576, eff. 1-1-04.

DHS 90.06 DHS 90.06 County administrative agency designation and responsibilities.

DHS 90.06(1) (1) Definitions. In this section:

DHS 90.06(1)(a) (a) “Annual income after disability deductions” means the annual parental income less a deduction of $3,300 for each member of the family participating in the birth to 3 program and each child under 19 years of age with a disability as defined in s. 46.272 (1) (b), Stats.

DHS 90.06(1)(b) (b) “Annual parental income” means total income of the legally responsible parent or parents as reported on the parent’s most recent federal individual tax return.

DHS 90.06(1)(c) (c) “Family” means people who share a residence and are any of the following:

DHS 90.06(1)(c)1. 1. A child eligible for the Birth to 3 Program.

DHS 90.06(1)(c)2. 2. A parent of a person in subd. 1.

DHS 90.06(1)(c)3. 3. Any minor in the residence for whom a person in subd. 2. is legally responsible.

DHS 90.06(1)(d) (d) “Federal poverty guidelines” means the administrative version of the federal poverty measure, adjusted for families of different size, that are issued annually by the U.S. Department of Health and Human Services.

DHS 90.06(1)(e) (e) “Full financial information” means information about parental income, expenses, and assets that the county administrative agency requests to determine the parental cost share.

DHS 90.06(1)(f) (f) “Parent” means a child’s adoptive or biological mother or father who has legal responsibility for the child.

DHS 90.06(1)(g) (g) “Parental cost share” means an annual amount of money the county administrative agency determines to be due and payable currently from the parents.

DHS 90.06(1m) (1m) Designation by county board. The county board of each county shall designate a county department under s. 46.21, 46.22, 46.23, 51.42 or 51.437, Stats., a local public health agency or any other county agency or enter into a contract or agreement with any other public agency to be the administrative agency in the county for the birth to 3 program. That designation or notice of other arrangement shall be made by letter to the department.

DHS 90.06(2) (2) Responsibilities. A county administrative agency shall ensure that all of the following are done:

DHS 90.06(2)(a) (a) Parents, representatives of agencies that refer, evaluate or provide services to young children and their families in the community and other interested persons are involved in planning, development and operation of the early intervention service system;

DHS 90.06(2)(b) (b) A comprehensive child find system is established in accordance with s. DHS 90.07, including activities to make the public aware of the local birth to 3 program and development of a formal system of communication and coordination among pertinent agencies operating in the county that may have contact with eligible children and their families;

DHS 90.06(2)(c) (c) A service coordinator is designated for every child referred for evaluation. The service coordinator need not be an employee of the county administrative agency but shall be accountable to the county administrative agency;

DHS 90.06(2)(d) (d) The parents are informed orally and in writing about the purposes of the birth to 3 program, the process and the procedural safeguards;

DHS 90.06(2)(e) (e) The parents are collaborators in the IFSP planning process;

DHS 90.06(2)(f) (f) Written consent of the child’s parents is obtained, in accordance with s. DHS 90.12 (2) (a), before the initial evaluation and assessment are conducted;

DHS 90.06(2)(g) (g) Core services are provided at no cost to the parent;

DHS 90.06(2)(h) (h) Other early intervention services as identified in s. DHS 90.11 (4) are provided in accordance with the IFSP. County administrative agencies shall determine the parental cost share of early intervention services costs not met by third party payers in accordance with par. (i). Parental cost share for early intervention services shall begin with services designated in IFSPs developed or reviewed on or after March 1, 2002.

DHS 90.06(2)(i) (i)

DHS 90.06(2)(i)1. 1. Parental cost shares are determined. The county administrative agency shall have billing, revenue collection and revenue tracking responsibility for the parental cost share unless the county administrative agency delegates these responsibilities to a service provider by written agreement specifying the conditions of the delegation. A county administrative agency shall make an assessment of the parental cost share for services to an eligible child in the following manner:

DHS 90.06(2)(i)1.a. a. Determine the annual income of the parents. When the legally responsible parents live in separate households and the child eligible for the birth to 3 program resides in both households, the family size is determined for each household. There is a separate parental cost share determined for each household.

DHS 90.06(2)(i)1.b. b. Determine the annual income after disability deduction.

DHS 90.06(2)(i)1.c. c. Determine the federal poverty guidelines for the annual income after disability deduction and family size.

DHS 90.06(2)(i)1.d. d. Determine the percent above or below the federal poverty guidelines determined in subd. 1. c., the family’s annual income after disability deduction determined in subd. 1. b., and assign the parental cost share according to Table DHS 90.06.

DHS 90.06(2)(i)1.e. e. The maximum parental cost share is $1,800 per year without regard to the number of children in the birth to 3 program in the family. When the legally responsible parents live in separate households and the child eligible for the birth to 3 program resides in both households, combined cost shares may not exceed $1,800. The cost shares shall be divided between the parents based on the parents’ relative income.

Table DHS 90.06

Assignment of Parental Cost Share

- See PDF for table

DHS 90.06 Note Note: The federal poverty guidelines are adjusted yearly and are published annually in the Federal Register. The department will distribute the applicable federal poverty guidelines information that is effective each year.

DHS 90.06(2)(i)2. 2. A parent who is informed of his or her rights and who knowingly refuses to provide full financial information is held liable for the maximum parental cost share.

DHS 90.06(2)(i)3. 3. A parental cost share for early intervention services is assessed unless the parents have financial liability for other services subject to the uniform fee system that are provided to the eligible child.

DHS 90.06(2)(i)4. 4. Parents are informed of their right to request a waiver of the parental cost share in part or in whole if the request is based on unique circumstances of the child or family.

DHS 90.06(2)(i)5. 5. Parents are informed as early as is administratively feasible of the parents’ rights and responsibilities under the cost share system. The department shall provide sample brochures to county administrative agencies to assist the agencies in informing parents.

DHS 90.06(2)(i)6. 6. Revenue received from payments of the parental cost share is used only for early intervention services within the county and do not supplant county funds required under s. 51.44 (3) (c), Stats.

DHS 90.06(2)(j) (j) Written consent of the child’s parent is obtained, in accordance with s. DHS 90.12 (2) (b), for provision of early intervention services for the child and family to implement the IFSP;

DHS 90.06(2)(k) (k) Interagency agreements are entered into with other local agencies to identify respective roles and responsibilities in the delivery of early intervention services, coordinate service delivery, ensure the timely delivery of services and identify how disputes will be resolved when there is disagreement about the agency responsible for provision of a particular service;

DHS 90.06(2)(L) (L) The confidentiality of personally identifiable information about a child, a parent of the child or other member of the child’s family, in accordance with s. DHS 90.12 (3), is maintained;

DHS 90.06(2)(n) (n) The need of a child for a surrogate parent is determined, and a surrogate parent is appointed in accordance with s. DHS 90.13 if the child needs one;

DHS 90.06(2)(o) (o)

DHS 90.06(2)(o)1. 1. An early intervention record is maintained for each child which includes the individualized family service plan for the child, all records of core services and other early intervention services received by the child, parental consent documents and other records pertaining to the child or the child’s family required by this chapter, and these are made available for inspection by the child’s parents and representatives of the department;

DHS 90.06(2)(o)2. 2. The early intervention record is kept separate from other records on the child maintained by the agency unless the parent specifically agrees in writing that another record and the early intervention record be kept together. Records that might be kept with the early intervention record include an individual service plan under the programs established in ss. 46.011 (1g) and 46.272, Stats.

DHS 90.06(2)(p) (p) Local birth to 3 program records are maintained, including interagency agreements, records of how funds were budgeted and expended, records of personnel qualifications, records related to state training plan implementation and copies of contracts and agreements with service providers, and these are made available for inspection by representatives of the department; and

DHS 90.06(2)(q) (q) The department is provided, on request, with information on use of funds, system development, number of children needing and receiving early intervention services, types of services needed, types of services provided and such other information the department requires to describe and assess the operation of the local program.

DHS 90.06 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; emerg. am. (1), (2) (c), (g) and (n), renum. (2) (m) to be (2) (m) 1., cr. (2) (m) 2., eff. 1-1-93; am. (1), (2) (c), (g) and (n), renum. (2) (m) to be (2) (m) 1., cr. (2) (m) 2., Register, June, 1993, No. 450, eff. 7-1-93; am. (2) (g), renum. (2) (h) to (o) to be (2) (i) to (p), cr. (2) (h), Register, April, 1997, No. 496, eff. 5-1-97; corrections in (2) (h) and (n) made under s. 13.93 (2m) (b) 7., Register, September, 1999, No. 525; emerg. renum. (1) to be (1m) and (2) (i) to (p) to be (2) (j) to (q), cr. (1) and (2) (i), am. (2) (h), eff. 10-1-01. CR 01-106: renum. (1) to be (1m) and (2) (i) to (p) to be (2) (j) to (q), cr. (1) and (2) (i), am. (2) (h), Register February 2002 No. 554, eff. 3-1-02; CR 03-033: r. (2) (m) Register December 2003 No. 576, eff. 1-1-04; corrections in (1) (a) and (2) (o) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 20-039: am. (1) (a), (2) (o) 2. Register October 2021 No. 790, eff. 11-1-21.

DHS 90.07 DHS 90.07 Identification and referral.

DHS 90.07(1) (1) Establishment of child find system. Each county administrative agency shall establish a comprehensive child find system to ensure that all children who may be eligible for the birth to 3 program are identified and referred for screening or for evaluation to determine eligibility for the birth to 3 program. The system shall include public awareness activities and an informed referral network.